Summary: We cannot investigate this complaint about boundary issues as the Council in this complaint is acting in its capacity as a provider of social housing. The law says we cannot investigate such complaints.

The complaint

1. Mr X complains the Council has not resolved several boundary issues which exist between his property and the neighbouring property, which is social housing owned by the Council. Mr X says this will cause problems should he try to sell the house and that he has spent much time and trouble trying to resolve these issues.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council in this complaint, acts from its position as a social housing provider. As per paragraph 3, the law says we cannot investigate such complaints

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Final decision

7. We cannot investigate Mr X’s complaint because we have no remit to investigate the actions of the Council when it acts as a social housing provider.

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Investigator's decision on behalf of the Ombudsman